Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. LXI OF 1981

THE  MAHARASHTRA  ADVOCATES  WELFARE
FUND  ACT,  1981

(As  modified  upto  the  29th  October  2012)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE,  MUMBAI 400  004.

2012

[Price  : Rs.  12.00]

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

(i)

THE  MAHARASHTRA  ADVOCATES  WELFARE  FUND
ACT,  1981
—————
CONTENTS

PREAMBLE.

SECTIONS.

CHAPTER I
PRELIMINARY

1.

Short  title,  extent  and  commencement.

2. Definitions.

CHAPTER II
CONSTITUTION OF ADVOCATES WELFARE FUND

3. Constitution  of  Advocates  Welfare  Fund.

CHAPTER III
ESTABLISHMENT OF TRUSTEE  COMMITTEE AND VESTING OF WELFARE  FUND IN

4. Establishment  of  Trustee  Committee.

THAT  COMMITTEE

5. Disqualifications  and  removal  of  nominated  members  of  Trustee

Committee.

6. Resignation      by      nominated    members      of  Trustee  Committee  and

filling  up  of  casual  vacancies.

7. Members  to    act  during  vacancy,    acts    of  Trustee  Committee,  etc.

not  to  be  invalidated  by  informalities.

8. Meetings  of  Trustee  Committee.

9. Travelling  and  daily  allowance  to  members  of  Trustee  Committee.

10. Vesting  and  application  of  Fund.

11.

12.

13.

Functions  of  Trustee  Committee.

Funds,  borrowing  and  investment.

Powers  and  duties  of  Secretary.

CHAPTER IV
RECOGNITION AND  REGISTRATION OF  BAR ASSOCIATIONS

14. Recognition  and  Registration  of  Bar  Associations.

15. Duties  of  Bar  Association.

CHAPTER V

MEMBERSHIP IN THE  FUND AND  PAYMENT THEREFROM

16. Membership  in  the  Fund.

17.

Payment  from  the  Fund  on  cessation  of  practice.

H  769—1

(ii)

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

SECTIONS.

CHAPTER VI

PRINTING AND DISTRIBUTION OF STAMPS BY BAR COUNCIL

18. Printing and distribution of stamps and payment of amount of sale proceeds

by Bar Council to Trustee Committee.

CHAPTER VII

MISCELLANEOUS

19. Wakalatnama to bear stamp.

20. Cancellation of welfare fund stamp affix on Wakalatnama.

21. Exemption from sections 19 and 20 in certian cases.

22. Appeal against any decisions of Committee.

23. Group Life insurance for members and other benefits for Advocates.

24. Restriction  on  alienation,  attachment,  etc.  of  interest  of  member  in  the

Fund.

25. Protection of action taken in good faith.

26. Bar of jurisdiction of Civil Courts.

27. Power to summon witnesses and take evidence.

28. Power to make regulations.

SCHEDULE.

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

1

MAHARASHTRA ACT No. LXI OF 1981.1
[THE MAHARASHTRA ADVOCATES WELFARE FUND ACT, 1981. ]
(This Act received the assent of the President on the 5th November 1981;
assent  was  first  published  in  the Maharashtra  Government  Gazette,
Extraordinary, Part IV, dated the 6th November 1981.)
An Act to provide for the constitution of an Advocates Welfare Fund and utilization
thereof for payment of certain retirement and other benefits to the Advocates
in Maharashtra.
WHEREAS  it  is  expedient  to  provide  for  the  constitution  of  an Advocates
Welfare Fund and utilization thereof for the payment of certain retirement and other
benefits to the Advocates in the State of Maharashtra and for matters connected
therewith or incidental thereto ; It is hereby enacted in the Thirty-second Year of
the Republic of India as follows :—

CHAPTER I

PRELIMINARY

(1)  This Act  may  be  called  the  Maharashtra Advocates  Welfare  Fund

1.
Act, 1981.

(2) It extends to the whole of the State of Maharashtra.
(3) It  shall  come  into  force  on  such  date2  as  the  State  Government  may,  by

notification in the Official Gazatte, appoint.

Short  title,
extent  and
commencement.

2.

In this Act, unless  the context otherwise requires—

Definitions.

XXV
o f
1961.

(a) “Advocate” means a person whose name has been enrolled on the roll
of Advocates prepared and maintained by the Bar Council of Maharashtra under
section 17 of the Advocates Act and who is a member of a Bar Association ;

(b) “Advocates Act”  means  the Advocates Act,  1961;
(c) “Advocates Welfare Fund” or “Fund” means the fund constituted and

maintained under this Act ;

(d) “Bar Association” means an association of Advocates attached to any
Court or any Tribunal or such other authority or person as is legally authorised
to  take  evidence  or  to  adjudicate  or  decide  any  disputes  in  the  State  of
Maharashtra and recognised by the Bar Council under section 14;

(e) “Bar Council” means the Bar Council of Maharashtra, constituted under

section  3  of  the Advocates Act ;

(f) “cessation of practice” means removal of the name of an advocate from the
State roll maintained by the Bar Council on account of his retirement or death ;
(g) “dependents” means wife, husband, father, mother and unmarried minor

children or such of them as exist ;

(h) “member of the Fund” means an Advocate admitted to the benefit of the
Fund and continuing to be a member thereof under the provisions of this Act ;
(i) “prescribed” means prescribed by the Bar Council by regulations made

under  this Act ;

(j) “retirement” means stoppage of practice as an Advocate communicated

to and recorded by the Bar Council ;
1  For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,

1981,  Part  V,  at  p.418-419.

2  20th  November  1981, vide G.N.,L.&  J.D.,  No.  CFA.  1078/233(81)-X,  dated  19th

November  1981.

2

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

(k) “stamp” or “welfare fund stamp” means the stamp printed and distributed

by the Bar Council under section 18 ;

(l) “State” means the State of Maharashtra ;
(m) “suspension  of  practice”  means  voluntary  suspension  of  practice  as
an Advocate or suspension by the Bar Council for misconduct under Advocates
Act ;

(n) “Trustee Committee” or “Committee” means the committee established

under section  4 ;

(o) “Wakalatnama” includes  a  memorandum  of  appearance  or  any  other
document by whatever name called, by which an Advocate is empowered to
act, appear or plead before any Court, or any Tribunal or such other authority
or person as is referred to in section 14 legally authorised to take evidence or
to  adjudicate  or decide  any  disputes.

CHAPTER II

CONSTITUTION OF ADVOCATES WELFARE FUND

Constitution
of  Advocates
Welfare
Fund.

3. The  State  Government  shall  constitute  a  fund  called  the Advocates

Welfare Fund.

(2) There shall be credited to the Fund—

(a)  an  initial  amount  of  Rs.  10,000  or  such  other  higher  amount  as
the Bar Council may credit to this Fund before the 31st December 1981; and all
amounts paid by the Bar Council annually from the year 1982 onwards under
sub-section  (3) ;

(b) any other contribution made by the Bar Council ;

(c)  any  voluntary  donation  or  contribution  made  to  the  Fund  by  the  Bar

Council of India, or any Bar Association or any Advocates ;

(d) all sums collected by way of sale of stamps under section 18 ;

(e)  any  grants  which  may  be  made  by  the  State  Government  to  the  Fund

under appropriation duly made in this behalf ;

(f) any grants, donations, gifts, benefactions received from other institutions

or persons and credited to the Fund, from time to time ;

(g) any sum borrowed under section 12 ;

(h) all sums received from the Life Insurance Corporation of India on the

death of any member of the Fund under any Group Insurance Policy ;

(i) any profit or dividend received from the Life Insurance Corporation of
India in respect of policies of Group Insurance of the members of the Fund ;

(j) all sums collected under section 16 by way of application fees and annual

subscriptions  and  interest  thereon  ;

(k) any interest or dividend or other return on any investment made of any

part of the Fund.

(3) The Bar Council shall pay to the fund annually an amount at such rate not
exceeding 20 per cent. of the enrollment fees realised by it, as the State Government
may, by notification in the Official Gazette, notify from time to time.

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

3

CHAPTER III

ESTABLISHMENT OF TRUSTEE COMMITTEE AND VESTING OF
WELFARE FUND IN THAT COMMITTEE.

4.

(1)  The  State  Government  shall,  by  notification  in  the Official  Gazette,
establish, with effect from such date as may be specified therein, a Committee to
be called the Maharashtra Advocates Welfare Fund Trustee Committee.

Establish-
ment  of
Trustee
Committee.

(2) The  Trustee  Committee  shall  be  a  body  corporate  having  perpetual
succession  and  a  common  seal  with  power  to  acquire,  hold  and  dispose  of
property  and  to contract  and  shall  by the  said  name  sue and  be  sued.

(3) The  Trustee  Committee  shall  consist  of  the  following  members,

namely:—

(a) the Advocate General of Maharashtra, who shall be the Chairman of the

Trustee Committee, ex officio ;

(b)  the  Secretary  to  Government,  Law  and  Judiciary  Department  of  the

Government of Maharashtra, ex officio;

(c) three members nominated by the State Government;

(d) two members of the Bar Council nominated by the Bar Council;

(e)  the  accountant  of  the  Bar  Council,  who  shall  be  the  treasurer  of  the

Trustee Committee, ex officio; and

(f) the Secretary of the Bar Council, who shall be the secretary of the Trustee

Committee, ex officio.

(4) A member  nominated  by  the  State  Government  under  clause  (c)  of
sub-section  (3)  shall  hold  office  for  a  term  of  four  years,  unless  the
State  Government  terminates  his  nomination  earlier  or  he  is  removed  under
sub-section (2) of section 5 or he resigns his membership and his resignation is
accepted by the State Government under sub-section (1) of section 6.

(5) A member nominated by the Bar Council under clause (d) of sub-section
(3) shall hold office for a term of four years or for the duration of his membership
in the Bar Council, whichever is less, unless he is removed under sub-section (2)
of section 5 or he resigns his membership and his resignation is accepted by the
Bar Council under sub-section (1) of section 6.

5.

(1) A member nominated under clause (c) or clause (d) of sub-section (3)
of  section  4  shall  be  disqualified  to  be  a  member  of  the  Trustee  Committee,
if he—

(a) becomes of unsound mind ; or

(b) is adjudged insolvent; or

(c) is  absent without  leave of the  Trustee Committee  for more  than three

consecutive meetings of the Committee ; or

(d) is a defaulter to the Fund (in case he is a member of the Fund) or has

committed a breach of trust; or

(e) is convicted by a criminal court for an offence involving moral turpitude,

unless  such  conviction  has  been  set  aside.

H  769—2

Disqualifica-
tions  and
removal  of
nominated
members  of
Trustee
Committee.

4

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

(2)  The  State  Government  may  remove  any  member  who  is  or  has  become
disqualified under sub-section (1) from membership of the Trustee Committee :

Provided  that,  no  order  removing  any  member  shall  be  passed  unless  that
member and the Bar Council in the case of a member nominated by it have been
given an opportunity of being heard :

Provided  further  that,  nothing  in  this  section  shall  apply  where  the  State
Government terminates the membership of a member nominated by it under sub-
section (4) of  section  4,  on  the  ground  other  than  incurring  any  of  the
disqualifications  and  removal under  this  sub-section.

6.   (1) Any member nominated under clause (c) or clause (d) of sub-section
(3) of section 4 may resign his office by giving one month’s notice in writing to
the State  Government  or  the  Bar  Council,  as  the  case  may  be,  and  on  such
resignation being accepted by the State Government or the Bar Council, shall be
deemed to have vacated his office :

Provided  that,  the  Bar  Council  shall  consult  the  State  Government  before

accepting the resignation of a member nominated by it.

(2) A casual vacancy in the office of a member nominated under clause (c) or
clause (d) of  sub-section  (3)  of  section  4  occurring  on  account  of  death,
resignation,  termination  or  removal  of  a  member  may  be  filled  up,  as  soon  as
conveniently may be, by nomination of a person thereto by the State Government
or,  the  Bar  Council, as  the  case  may  be,  and  a  person so  nominated  shall  hold
office so long as the member in whose place he is nominated would have held it,
if the vacancy  had not occurred.

7.    (1) During any vacancy in a Trustee Committee the continuing members

may act as if no vacancy had occurred.

(2)  The  Trustee  Committee  shall  have  power  to  act,  notwithstanding any
vacancy in the membership or any defect in the constitution thereof, or any defect
or irregularity in the nomination of any person as a member thereof, or any defect
or irregularity in any act done or proceeding taken under this Act or the regulations
made thereunder  not affecting  the merits of  the case ;  and such  proceedings of
the Committee shall be valid notwithstanding that it is discovered subsequently
that  some  person  who was  not  entitled  to  do  so  sat  or voted  or  otherwise  took
part in the proceedings or that some defect or irregularity as aforesaid existed.

Resignation
by  nominated
members  of
Trustee
Committee
and  filling  up
of  casual
vacancies.

Members  to
act  during
vacancy,  acts
of  Trustee
Committee,
etc.,  not  to
be  invalidated
informalities,

Meetings  of
Trustee
Committee.

8.

(1)  The  Trustee  Committee  shall  meet,  at  least  once  in  three  calendar
months  or  more  often  if  found  necessary to  transact  business  under  this Act  or
the regulations made thereunder.

(2) Three members of the Trustee Committee shall form the quorum for a meeting

of the Committee.

(3) The Chairman or, in his absence, a member elected, shall preside over a

meeting of the Trustee Committee.

(4) Any matter coming up before a meeting of the Trustee Committee shall be
dicided by a majority of the members present and voting at the meeting and, in
the case of an equality of votes, the Chairman or the member presiding over the
meeting shall have a casting vote.

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

5

9. The  non-official  members  of  the  Trustee  Committee  shall  be
eligible to get such travelling allowance and daily allowance as are admissible to
the members of the Bar council :

Provided that, if a member of the Committee is a Member of the  Maharashtra

Legislative Assembly  or  Maharashtra  Legislative  Council  or  a  Member  of
Parliament the allowances payable to such member shall be the travelling and daily
allowances or such other allowances which are payable to him as a Member of
the  State  Legislature  or  of  Parliament,  as  the  case  may  be,  for  the  purpose  of
meeting the personal expenditure in attending the meeting of the State Legislature
or Parliament or its Committees.

Travelling
and daily
allowance
to  members
of  Trustee
Committee.

10. The  Fund  shall  vest  in,  and  be  held  and  applied  by,  the Trustee

Committee, subject to the provisions, and for the purposes, of this Act.

11. (1) The Trustee Committee shall administer the Fund.

 (2) In the administration of the Fund, the Trustee Committee shall,  subject to

the provisions  of this Act and  the regulations  made thereunder,—

(a)  hold  the  amounts  and  assets  belonging  to  the  Fund  in  trust ;

Vesting  and
application
of  Fund.

Functions of
Trustee
Committee.

(b)  receive  applications  for  admission  or  readmission  to  the  Fund,  and
dispose of such applications within ninety days from the date of receipt thereof;

(c) receive applications from the members of the Fund, their nominees or
legal representatives, as the case may be, for payment out of the Fund, conduct
such enquiry as it deems necessary for the disposal of such applications and

dispose of the applications within five months from the date of receipt thereof ;

(d) record in  the minute book of  the Trustee Committee, its  decisions on

the  applications  ;

(e) pay to the applicants amounts at the rates specified in the Schedule ;

(f)  sanction  employment  of  such  officers  and  servants  as  it  may  think
necessary  for  performance  of  its  duties  and  functions  under  this Act  and

determine their conditions of service ;

(g) send  such  periodical  and  annual  reports  as  may  be  prescribed  to  the

State Government and the Bar Council ;

(h) communicate to the applicants by registered post with acknowledgement
due  the  decisions  of  the  Trustee  Committee  in  respect  of  applications  for
admission or readmission to the Fund or claims to the benefit of the Fund ;

(i) do such other acts as are, or may be, required to be done by it under this

Act  and the  regulations made  thereunder.

(G.C.P.)  H  769—3  (3342-8—2012)

6

Funds,
borrowing
and
investment.

Powers and
duties  of
Secretary.

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

Bom.
XXV
o f
1930.

12.

(1) The Trustee Committee may, with the recommendation of the Bar
Council and the prior approval of the State Government, borrow, from time to time,
any sum required for carrying out the purposes of this Act.

(2) The Trustee Committee shall deposit all moneys and receipts forming part
of the Fund in any scheduled bank or invest the same in the units issued by the
Unit  Trust  of  India,  the  National  Post  Office  Savings  Certificates  or  any  other
Government Security or in loans to any corporation owned or controlled by the
Central Government or the State Government or in loans floated by the Central
Government or the State Government or in any other manner as the Bar Council
may, from time to time, direct with the prior approval of the State Government.

(3) All amounts due and payable under this Act and all expenditure relating to
the management and administration of the Fund shall be paid out of the Fund.
(4) The accounts of  the Trustee Committee shall be audited  annually by the
Chief Auditor, Local Fund Accounts or any other person empowered by the State
Government to perform the functions of an auditor under the *Bombay Local Fund
Audit Act, 1930,  as if the Fund were  a Local Fund and  the Trustee Committee
were a Local Authority within the meaning of these expressions in the said Act.
(5) The accounts of the Trustee Committee, as certified by the auditor, together
with the audit report thereon, shall be forwarded to the Bar Council by the Trustee
Committee and the Bar Council may issue such directions as it deems fit to the
Trustee Committee in respect thereof.

(6) The Trustee Committee shall comply with the report of the auditor and the

directions issued by the Bar Council under sub-section (5).
13.   The Secretary of the Trustee Committee shall—

(a) be the chief executive authority of the Trustee Committee and responsible

for carrying out its decisions ;

(b)  represent  the  Trustee  Committee  in  all  suits  and  proceedings  for  and

against the Committee ;

(c) authenticate by his signature all decisions and instructions of the Trustee

Committee ;

(d)  operate  the  bank  accounts  of  the  Trustee  Committee  jointly  with  the

treasurer ;

(e) convene meetings of the Trustee Committee and prepare their minutes ;
(f)  attend  the  meetings  of  the  Trustee  Committee  with  all  the  necessary

records and information ;

(g) maintain such forms, registers and other records as may be prescribed
from time to time and do all correspondence relating to the Trustee Committee ;
(h) inspect  and  verify  periodically  the  accounts  and  registers  of  the  Bar

Associations  regarding  the  stamps  ;

(i) prepare  an  annual  statement  of  business  transacted  by  the  Trustee

Committee during each financial year ;

(j) make appointments of the officers and servants of the Trustee Committee
as  sanctioned  by  the  Committee  and  have  power  to  take  disciplinary  action
against  any  such  officer  or  servant ;

(k) do  such  other  acts  as  may  be  directed  by  the  State  Government,  the

Trustee Committee and the Bar Council.

* Now see  Maharashtra  Local  Fund Audit Act  (Bom.  XXV  of  1930).

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

7

CHAPTER IV

RECOGNITION AND REGISTRATION OF BAR ASSOCIATIONS

14.

(1) All  associations  of Advocates  known  by  any  name  functioning  in
any Court, or before any Tribunal, or before any other authority or person legally
authorised to take evidence or to adjudicate or decide any disputes may, before
a date to be notified or before such extended date as may be notified by the Bar
Council in this behalf, apply to the Bar Council  in such form as may be prescribed
for recognition and registration.

Recognition
and
Registration
of  Bar
Associations.

Any association of Advocates constituted after the date of commencement of
this Act may, at any time thereafter likewise apply to the Bar Council for recognition
and  registration.

(2) Every application for recognition and registration shall be accompanied by
the rules or bye-rules of the association, the names and addresses of the office-
bearers of the association and an up-to-date list of the members of the association
showing  the  name,  address,  age,  date  of  enrolment  and  the  ordinary  place  of
practice of each member.

(3) The Bar Council may, after such enquiry as it deems necessary, recognise
the  association  and  issue  a  certificate  of  registration  in  such  form  as  may  be
prescribed.

(4) The decision of the Bar Council regarding the recognition and registration

of a Bar Association shall be final.

15.

(1) Every  Bar Association  shall,  on  or  before  the  15th April  every
year,  intimate  to  the  Bar  Council  a  list  of  its  members  as  on  31st  March
of that year.

Duties of  Bar
Associations.

(2) Every Bar Association shall intimate to the Bar Council—

(a) any change of the office-bearers of the association within fifteen days

from such  change ;

(b) any change in the membership, including admissions and readmissions,

within  thirty  days  of  such  change ;

(c) the death, retirement or voluntary suspension  of practice of any of its

members within thirty days from the date of occurrence thereof ; and

(d) such other matters as may be prescribed or required by the Bar Council

from time to time.

CHAPTER V

MEMBERSHIP IN THE FUND AND PAYMENT THEREFROM

16.

(1) Every Advocate  practising  before  any  Court,  or  any  Tribunal,  any
other authority or person legally authorised to take evidence or to adjudicate or
decide  any  disputes  in  the  State  and  being  a  member  of  a  Bar Association
recognised  by  the  Bar  Council  under  section  14  may  apply  to  the  Trustee
Committee  for  admission  as  a  member  of  the  Fund,  in  such  form  as  may  be
prescribed.

(2) On receipt of an application under sub-section (1), the Trustee Committee
shall make such enquiry as it deems fit and either admit the applicant to the Fund
or for reasons to be recorded in writing reject the application :
H  769—3a

Membership
in  the  Fund.

8

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

Provided  that,  no  order  rejecting  an  application  shall  be  passed  unless  the

applicant  has  been  given  an  opportunity  of  being  heard.

(3) An application fee shall—

(i) in the case of an applicant who, on the date of application has practiced

for a period of twelve years or more, be two hundred rupees ; and

(ii) in the case of an applicant who, on the date of application has practiced

for a period of less than twelve years, be one hundred rupees ;

and such application fee shall be payable in the course of one year in four equal
instalments,  in  such  manner  as  may  be  prescribed,  the  first  instalment  being
payable along with the application :

Provided that, an applicant belonging to Scheduled Castes or Scheduled Tribes
shall  pay  an  application  fee  equal  to  the  half  of  the  amount  of  fee  specified  in
clause (i) or  clause (ii), as  the  case  may  be.

(4) In the event of the rejection of any application the first instalment of the
admission fees paid along with the application shall be refunded to the applicant.

(5) Every member shall pay an annual subscription to the Fund on or before

the 31st December of every year at the following rates, namely :—

Where the standing of the Advocate at the Bar
on the last 31st December is five years or
more, but less than fifteen years.

Where  the  standing  of  the Advocate  at  the  Bar
on the last 31st December is fifteen years or more.

.
Fifty rupees

One  hundred  rupees.

(6) A member shall be entitled to pay the subscription under sub-section (5)
in two equal half yearly instalments at his option, the first instalment being payable
on or before the 30th June and the second instalment being payable on or before
the 31st December, every year.

(7) Any  member  who  fails  to  remit  the  annual  subscription  or  half  yearly
instalments, as the case may be, on or before due dates mentioned in sub-section
(5) or sub-section (6) shall after giving him one month’s notice in writing be liable
to be removed by the Trustee Committee from the membership of the Fund.

(8) A person removed from the membership of the Fund under sub-section (7)
shall be readmitted to the Fund on payment of the arrears with interest at twelve
per cent. per annum within six months from the date of removal.

(9) Every  member  shall,  at  the  time  of  admission  to  the  membership
of  the  Fund,  make  a  nomination  conferring  on  one  or  more  persons  the
right  to  receive  the  amount  which  may  be  due  to  him  from  the  Fund  in
the event of his death before the amount has been paid to him.

(10)

If a member nominates more than one person under sub-section (9), he
shall  specify  in  the  nomination  the  amount  or  share  payable  to  each  of  the
nominees in such manner as to cover the whole of the amount that may be due
to him.

(11) A member  may  at  any  time  cancel  nomination  by  sending  a  notice  in
writing to the Trustee Committee, provided that, a member shall along with such
notice send a fresh nomination.

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

9

(12) Every member who voluntarily suspends practice or retires shall, within
fifteen  days  of  such  suspension  or  retirement,  intimate  that  fact  to  the  Trustee
Committee and if any member fails to do so without sufficient reasons the Trustee
Committee may reduce, in accordance with such principles as may be prescribed,
the amount due to that member.

17.   (1) A member of the Fund shall, on cessation of practice be  entitled to

receive from out of the Fund an amount at the rate specified in the Schedule :

Provided that, where under sub-section (4), for the remaining fraction  of years,
every year of practice at the Bar is computed as three months of practice, a member
shall be entitled to receive an additional amount of two hundred and fifty rupees
for each such period of three months so computed.

Payment
from the
Fund  on
cessation  of
practice.

(2) In the event of death of a member, the amount shall be paid to his nominee,
or,  where there  is  no nominee,  to his  legal  heirs on  production  of a  succession
certificate.

(3) A member of the Fund may opt retirement benefits at any time after five
years  of  his  admission  as  a  member  of  the  Fund,  but  he  shall  be  eligible  for
readmission to the Fund as a new member subject to such conditions as may be
prescribed :

Provided that, a member suffering from permanent disablement shall be allowed

to retire within five years of his admission to the Fund.

(4) For calculating  the period of years standing  at the Bar referred  to in the
Schedule for the purpose of payment under this Act every four years of practice
at the Bar, if any, before the admission of a member to the Fund shall be computed
as one year of practice and for the remaining fraction of years every year of practice
shall  be  computed  as  three  months  of  practice  and  the  total  of  such  completed
years  so  computed  shall  be  added  on  to  the  number  of  years  of  practice  after
such  admission.

(5) In the case of a member who dies within five years of his admission to the
Fund, his  nominee or legal  heir, as  the case may  be, shall be  eligible to  get an
amount at the rate of one thousand rupees per year of practice.

(6) An application for payment from the Fund shall be preferred to the Trustee

Committee in such form as may be prescribed.

(7) In the case of a member who voluntarily ceases to be in practice (otherwise
than on account of his death) within five years of his admission to the fund, he
shall be entitled to get the annual subscription paid by him under sub-section (5)
of section 16 refunded to him on his making an application therefor in such form
as may be prescribed.

(8) An application received under sub-section (6) or (7) shall be disposed of

by the Trustee Committee after such enquiry as it deems necessary.

10

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

Printing and
distribution  of
stamps  and
payment  of
amount  of  sale
proceeds  by
Bar  Council  to
Trustee
Committee.

CHAPTER VI

PRINTING AND DISTRIBUTION OF STAMPS BY BAR COUNCIL

 18.    (1) The  Bar Council  shall cause  to be  printed and  distributed welfare
fund stamps each of the value of two rupees with the Bar Council  Emblem and
its value inscribed thereon.

(2) The stamps shall be of the size 1" X 2" and be sold only to the members of

the  Fund,

(3) The custody of the stamps shall be with the Bar Council.

(4) The Bar Council shall control the distribution and sale of the  stamps through

the  Bar Associations.

(5) The Bar Council and the Bar Associations shall keep proper accounts of

the stamps in such form and in such manner as may be prescribed.

(6) The Bar Associations shall purchase the stamps from the Bar Council after
paying  the  value  thereof  less  ten  per  cent.  of  such  value  towards  incidental
expenses.

(7) The Bar Council shall, after deducting from the sale proceeds of stamps
the actual cost of printing and distribution of stamps, pay the amount realised by
sale  of  stamps  to  the  Trustee  Committee  within  15  days  after  the  end  of  every
quarter.

CHAPTER VII

MISCELLANEOUS

Wakalatnama
to  bear
stamp.

19.

(1) Every member of the Fund shall affix one welfare fund stamp referred
to  in  sub-section (1) of  section  18  on  every Wakalatnama filed  by  him  and  no
Wakalatnama shall  be  filed  before  or  received  by  any  Court, Tribunal  or  other
authority or person referred to in section 14 unless it is so stamped.

(2) The value of the stamp shall neither be cost in the case nor be collected in

any event from the client.

Cancellation
of  welfare
fund  stamp
affixed  on
Wakalatnama.

Exemption
from  sections
19 and  20  in
certain  cases.

(3) Any  contravention  of  the  provisions  of  sub-section  (2)  by  any  member
shall disentitle him to the benefits of the Fund and the Trustee Committee shall
report such instances to the Bar Council for appropriate action.

‘

20.  Every stamp affixed on Wakalatnama under sub-section (1) of  section 19
filed before any Court, Tribunal or any other authority or person shall be cancelled
in the manner provided in section 42 of the Bombay Court-fees Act, 1959.

21. Nothing contained in sections 19 and 20 shall apply in the cases of—
(a) the Advocates appointed by the Court or the Tribunal or other authority or
person referred to in section 14 in suits or other proceedings to assist the indigent
persons in matters before them ;

(b) the Advocates appearing in legal aid matters for parties to whom legal aid
has been rendered by the Bar Council or its Legal Aid Committees or by the Central
Government or the State Government;

Bom.
XXXVI
o f
1959.

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

11

(c) the Advocates appointed for the accused by the Courts to help the Court

as amicus  curiae or  the Advocate  otherwise  appearing  as amicus  curiae;

(d)  the  Advocates  appearing  on  behalf  of  the  Bar  Council  or  any  Bar

Association.

22.

(1) An appeal against any decision of the Trustee Committee shall lie to

the Bar Council.

(2) The  appeal  shall  be  in  the  prescribed  form  and  shall  be  accompanied

by—

(a) the order appealed against; and
(b) a fee of one hundred rupees which shall not be refunded.

(3) The appeal shall be filed within thirty days from the date of receipt of the

order appealed  against.

(4) The decision of the Bar Council on the appeal shall be final.

(1) The Trustee Committee may, for the welfare of the members of the

23.
Fund,—

(a) obtain from the Life Insurance Corporation of India policies of Group

Insurance for the members of the Fund ;

(b)  provide for medical and educational facilities for the members  of the

Fund  and  their  dependents  ;  and

(c) provide for better library facilities to the recognised and registered Bar

Association for the use of the members of the Fund ; and

(d) provide for such other benefits and amenities as may be prescribed.
(2)  Notwithstanding  anything  contained  in  this Act,  the  Trustee  Committee
may  also  at  its  discretion  give  financial  assistance  from  the  Fund  to  organise
welfare schemes for the indigent, disabled or other Advocates, who may or may
not be members of the Fund.

Appeal
against  any
decisions  of
Committee.

Group  life
insurance  for
members  and
other
benefits  for
Advocates.

24.

(1)  Notwithstanding  anything  contained  in  any  other  law  for
the time being in force, the interest of any member in the Fund, or the right of a
member  or  his  nominee  or  legal  heirs 
to  receive  any  amount
from  the  Fund,  shall  not  be  assigned,  alienated,  or  charged  and  shall  not
be liable to attachment under any decree or order of any Court, Tribunal  or other
authority  or  person.

Restriction  on
alienation,
attachment,
etc.of  interest
of  member  in
the  Fund.

(2)  No  creditor  shall  be  entitled  to  proceed  against  the  Fund  or  the  interest

therein of any member or his nominee or legal heirs.

Explanation.—For the purposes of this section, “creditor” includes the State,
or  an  official  assignee  or  receiver  appointed  under  the  Presidency  towns
Insolvency Act, 1909, the Provincial Insolvency Act, 1920, or any  other law for
the time being in force.

III  of  1909.
V 0f  1920.

25.

(1) No suit, prosecution or other legal proceedings shall lie against  any
person  for  anything  which  is  in  good  faith  done  or  intended  to  be  done  in
pursuance  of this Act or  any  regulations made  thereunder.

Protection  of
action taken
in  good  faith.

(2) No suit or other legal proceeding shall lie against the Trustee Committee or
the Bar Council for any damage caused or likely to be caused by anything which
is  in  good  faith  done  or  intended  to  be  done  in  pursuance  of  this Act  or  any
regulations made thereunder.

12

Maharashtra Advocates Welfare Fund Act, 1981

[1981: Mah. LXI

Bar  of
jurisdiction
of  Civil
Courts.

26. No  civil  court  shall  have  jurisdiction  to  settle,  decide  or  deal with
any question or to determine any matter which is by or under this Act required to
be settled, decided or dealt with or to be determined by the Trustee Committee or
the Bar Council.

Power  to
summon
witnesses
and  take
evidence.

27. The  Trustee  Committee  and  the  Bar  Council  shall,  for  the
purposes of  any enquiry under this Act, have the  same powers as are  vested in
a civil court while trying a suit under the Code of Civil Peocedure, 1908 in respect
of the following matters, namely :—

V of
1908.

(a) enforcing the attendance of any person for examining him on oath;
(b) requiring the discovery and production of documents ;
(c) receiving evidence on affidavit;
(d) issuing commissions for the examination of witnesses.

Power  to
make
regulations.

28. The Bar Council may, with the previous approval of the State Government,
by notification in the Official Gazette, make regulations for the purpose of carrying
into effect the provisions of this Act and for matters which are to be or may be
prescribed  under  the Act.

SCHEDULE

30 years’  standing
29 years’  standing
28 years’  standing
27 years’  standing
26 years’  standing
25 years’  standing
24 years’  standing
23 years’  standing
22 years’  standing
21 years’  standing
20 years’  standing
19 years’  standing
18 years’  standing
17 years’  standing
16 years’  standing
15 years’  standing
14 years’  standing
13 years’  standing
12 years’  standing
11 years’  standing
10 years’  standing
9 years’  standing
8 years’  standing
7 years’  standing
6 years’  standing
5 years’  standing

(See  sections  11  and  17)
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Rs. 30,000
Rs. 29,000
Rs. 28,000
Rs. 27,000
Rs. 26,000
Rs. 25,000
Rs. 24,000
Rs. 23,000
Rs. 22,000
Rs. 21,000
Rs. 20,000
Rs, 19,000
Rs. 18,000
Rs. 17,000
Rs. 16,000
Rs. 15,000
Rs. 14,000
Rs. 13,000
Rs. 12,000
Rs. 11,000
Rs. 10,000
Rs. 9,000
Rs. 8,000
Rs. 7,000
Rs. 6,000
Rs. 5,000

PRINTED  AT  THE  GOVERNMENT  CENTRAL  PRESS,  MUMBAI

1981: Mah. LXI ]

Maharashtra Advocates Welfare Fund Act, 1981

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

